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HomeMy WebLinkAbout1000-15.-1-5OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 pF SO(/r�o� C�UNV L MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: May 19, 2014 Re: Proposed Wetland Permit for GEORGE CURIS SCTM# 1000-15-1-5 Suffolk Environmental Consulting on behalf of GEORGE CURIS requests a Wetland Permit to construct a 16'x32' in -ground pool with a ±791 square foot pool patio on the seaward side of their existing 1.5 story residence with a pool backwash system, and pool fencing. Located: 3190 North Sea Drive, Orient. SCTM# 15-1-5 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed actions are CONSISTENT with the Policy Standards and therefore are CONSISTENT with the LWRP. The Zoning Board of Appeals in their April 3, 2014 determination (6722) for the action furthered the applicable LWRP policies to the greatest extent practicable. Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney Form TS 1 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM MAY A. 2 'N`A A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the" Coastal ErosionHazard Area. 2. Before answering -the questions in'Section`C, the preparer ofthisform should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non - supporting facts.. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the it "ep ,q --- libraries and the Town Clerk's office. ! _ B. DESCRIPTION OF SITE AND PROPOSED ACTION APR 2 5 2014 SCTM# 01 - -040— The Application has been submitted to (check appropriate response): ar_;_ Town Board ❑ Planning Dept. ❑ Building Dept. ❑ Board of Trustees Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance (e.g. grant, loan, subsidy) ❑ (c) Permit, approval, license, certification: Nature and extent of action: To construct a 16' x 32' pool with surrounding pool fence Location of action: 3190 North Sea Drive • Orient • Town of Southold • New York Site acreage: 0.62 ± acres Present land use: Single Family Residential Present zoning classification: R-40 2. If an application for :the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: GEORGE CURIS (b) Mailing address: 3190 North Sea Drive, Orient, NY 11957 (c) Telephone number: Area Code (718) 237-1399 (d) Application number, if any: N/A Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No ® If yes, which state or federal agency? DEVELOPED COAST, POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makesbeneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Not Aoolicable, Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 5 through 7 for evaluation crite"r"ia ❑ Yes ® No ❑ Not Applicable Not applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4, Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria ® Yes ❑ No ❑ Not Applicable Subiect pool is located beyond the 100 -year flood plain abd the fronting bluff is stable_ . Consequently, this project is consistent with this Policy. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not. Applicable. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policiles; Pages 38 through 46 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependence uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town Waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Not Applicable. Attach additional sheets if necessary 4 ISLAND R n ` • S ,� ., a. � µ _ n. E M • ��. 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N<I \ ��YQ8+ +a' 9 vie t AN+ —__--.— ------------ ID b . 1 A s u "r • ._ --�-- -- -- -- NOTICE COUNTY OF SUFFOLK © Reel Property Tax Service Agency D«.R u.N.R .Nr».Nr„», E r M • — aouT,aiD SECTION Na_ 15 PROPERTY MAP -- o, CUI?ls "DC�CrRrr APP R Proerty J Situate: 3190 North Sea Drive ■ Orient ■ New Yor SCTM#: 1000 — 15 — 1 -5 Photo depicting the corners of the proposed 32' x I6' pool. Photo shot facing north CURIS Property Situate: 3190 North Sea Drive ■ Orient ■ New York SCTM#: 1000 — 15 — 1 -5 Photo depicting the corners of the proposed 16'x 32' pool. Photo shot facing southwest. CURIS Property Situate: 3190 North Sea Drive ■ Orient ■ New York SCTM#: 1000 — 15 — 1 -5 Photo depicting the top of the bluff Photo shot facing north. CURIS Property Situate: 9975 Nassau Point Road ■ Cutchogue ■ New York SCTM#: moo — 03119-1-10 Photo depicting the corners of the proposed 16'x 32'pool. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider April 7, 2014 http-.//southoldtown.northfork.net Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 Bruce Anderson Suffolk Environmental Consulting, Inc. P.O. Box 2003 Bridgehampton, NY 11932 RE: ZBA Application #6722 - Curis Dear Mr. Anderson: E C I 2 5 2014 j;4 - Transmitted for your records is a copy of the Board's April 3, 2014 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely, r Vicki Toth Encl. Cc: Building Dept. BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERD'IINATION MEETING OF APRIL 3, 2014 ZBA FILE: 6722 NAME OF APPLICANT: George Curis SCTM# 1000-15-1-5 PROPERTY LOCATION: 3190 North Sea Drive (adj. to Long Island Sound) Orient, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated January 8, 2014 stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated March 3, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However, with the re -positioning of the proposed in -ground swimming pool and the conditions placed on the property, the Board finds the action consistent with the LWRP policy because the amended application locates the proposed pool as far from the top of bank as practicable. PROPERTY FACTS/DESCRIPTION: Subject property is located in the R40 Zone district containing 27,106 sq. ft. of which approximately 9100 sq. ft. is unbuildable. It is improved with a 1 '/z story dwelling with attached decks. It has 110.00 feet of frontage on North Sea Drive, 250.90 feet along the western property line, 110.49 feet on Long Island Sound and 253.12 along the eastern property line as shown on the survey dated April 6, 2009, last revised October 31, 2013 prepared by Nathan Taft Corwin, III, LS. BASIS OF APPLICATION: The applicant requests variances from Article III Code Section 280-15 and Article XXII Code Section 280-116A(1) and the building Inspector's December 4, 2013 Notice of Disapproval based upon on an application for a building permit for an accessory in -ground swimming pool, at: 1) location other than the code required rear yard, 2) less than the code required 100 foot setback from the top of the bluffibank. RELIEF REQUESTED: The applicant is requesting construction of an in -ground swimming located partially in the side yard, where the code requires accessory structures to be located in the rear yard, or in the case of waterfront Page 2 of 3 — April 3, 2014 ZBA#6722 — Curis SCTM41000-15-1-5 properties in the front yard, and a setback of 51 feet from the top of the bluff/bank where the code requires a 100 foot setback from the top of a bluff/bank. AMENDED APPLICATION: During the hearing, the applicant's agent presented an alternative site plan sketch that would bring the plan into more conformity with the code. It shows the in -ground swimming pool being turned ninety degrees which places it at approximately 70 feet from the top of bluff/bank using an elevation of 10 feet to establish the location of the top of the bluff/bank, as proposed by the applicant's agent. The Board then requested a survey showing the proposed pool location, as amended, at both the 10 foot and 18 foot elevation lines, which was received on March 17, 2014. This survey shows a 68 foot setback and a 43 foot setback respectively. The Board accepts the determination by the LWRP coordinator that locates the top of the bluff/bank on the applicant's property at the 18 foot contour line, which places the proposed pool, as amended, at 43 feet from top of bluff as shown on the survey dated April 6, 2009, last revised March 11, 2014 prepared by Nathan Taft Corwin, III, LS. ADDITIONAL INFORMATION: At the hearing, the agent for the applicant submitted a section of the subdivision map that showed two parcels with swimming pools that received variances from the Board of Appeals for bluff setbacks, one with a 40 foot setback and the other with a 51 foot setback. In Appeal #3859 (October 4, 1989) the Board used the 15' contour line to define the location of the top of the bluff/bank on a neighboring property, which created a 40 foot bluff setback for a proposed in ground swimming pool, thereby setting a precedent for this neighborhood. Based upon a discussion with the Agent for the applicant, it was agreed that both of the former variances granted were on lots that had greater dune height than the subject property. The Zoning Board requested comments from Suffolk County Soil & Water. In a letter dated March 5, 2014, they stated, "no obvious natural resource limitations were found" and recommended the installation of a drywell for pool discharge and draining. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 6, 2014 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances as amended will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are other pools in the neighborhood with non -conforming bluffibank setbacks and the proposed amended location for the subject pool is in keeping with those precedents. Only a small portion of the pool will be in a side yard so most of it will not be visible from the street. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could place the in -ground swimming in a conforming front yard location. However, this would be out of character with the neighborhood and the pool would not be easily accessible from the applicant's house. 3. Town Law 4267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 57% relief from the code for the proposed bluff/bank setback, and 100% for the partial side yard location. However, the amended pool location places it as far from the top of bluff/bank as practicable and the proposed non -conforming bluff/bank setback is similar to other non -conforming setbacks for swimming pools in the neighborhood. Additionally, the proposed location is only slightly in the side yard and moving it entirely to the rear yard, while maintaining the amended setback of 43 feet from the bluff/bank, would interfere with an existing septic system. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will not have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. Page 3 of 3 — April 3, 2014 ZBA#6722 — Curis SCTM# 1000-15-1-5 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the amended relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an in -ground swimming pool while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Schneider, and duly carried, to GRANT, the variances, as amended, and as shown on the survey dated April 6, 2009, last revised March 11, 2014 prepared by Nathan Taft Corwin, III, subject to the following conditions; Conditions: 1. Pool mechanicals shall be placed is a sound deadening enclosure. 2. Drywell for pool de -watering shall be installed. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted (5-0). Leslie Kanes Weisman, Chai erson Approved for filing f / /2014 D i 0 s , 0� ll e Y \4011 —// ro b_ til -i \O y y� O � O by �b >� X 4' VIA. Gpp'SN pR ppO� pOOL gA is a pOOL�� �rlT —6 —_— 10 —12 14 SURVEY OF LOT 18 MAP OF GREEN ACRES AT ORIENT FILE No. 3540 FILED APRIL 13, 1962 SITUATE ORIENT TOWN OF SOUTHOLD SUFFOLK- COUNTY, NEW YORK S.C. TAX No. 1000-15-01-05 SCALE 1 "=20' APRIL 6, 2009 MAY 4, 2009 ADDED PROPOSED POOL OCTOBER 31. 2013 RELOCATED PROPOSED POOL MARCH 11, 2014 RELOCATED PROPOSED POOL AREA = 27,106 sq. ft. (TO TIE LINE) 0,622 ac. NOTES: 1. ELEVATIONS ARE REFERENCED TO N.G.V.D. 1929 DATUM EXISTING ELEVATIONS ARE SHOWN THUS:.0 EXISTING CONTOUR LINES ARE SHOWN THUS: — — — —s— — — — F.FL. - FIRST FLOOR G.FL - GARAGE FLOOR i F4, ---,.._r_ PR 2 5 2014 9.5 / �5 05�/ . m�,m. °'i •,MRS / ' •� I �x 21.3\ �..1x 20.0 '.. •' t2 • Cil /E O . 4r• • yj' � of Pr. : • . - •`Zo/ '�� (NO 194 / 'mac 6$ ° �� '• d.t . , �. . x 19 . '• 19 a UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VAUD TRUE COPY. CERTIFICATIONS INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. THE EXISTENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY. NOT SHOWN ARE NOT GUARANTEED. PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.IA.L.S. AND -APPROVED -AND ADOPTED 7FOR 1TLLE ASSOCIATION P` L �OR�STATE LAND `s 1ALF7, O o N.Y.S. Lim. No. 50467